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Harare High Court
Maud Kapfunde and Compassion Difala and Ruth Beni and Gladys Difala v Witness Nyamutova and Alliance Insurance Company
HH 377-12
Case Details
Court
Harare High Court
Date
27 September 2012
Citation
HH 377-12
Neutral Citation
[2012] ZWHH 377
Outcome
unknown
Case Type
Trial
Bench
Presiding
KUDYA J
Full Bench
KUDYA J
Areas of Law
DelictPersonal InjuryRoad Traffic Law
Keywords
negligencedamagesroad accidentpersonal injuryspecial damagesgeneral damages
Tags
road traffic accidentnegligencedamagespersonal injury
legislation
Statutes Cited
- Road Traffic Act
ai analysis
Case Summary
Key Issues
- {"issue_text":"Whether defendant was negligent in his driving","issue_type":"mixed","dispositive":"yes","related_facts":"Attempted to overtake three vehicles on prohibited section, excessive speed, lost control"}
- {"issue_text":"Whether plaintiffs established damages suffered","issue_type":"mixed","dispositive":"yes","related_facts":"Medical expenses, pain and suffering, permanent disability"}
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background
Facts of the Case
Background
On 28 March 2009, the first defendant was involved in a road traffic accident while attempting to overtake three vehicles at once on a prohibited section of the Marondera-Harare Highway. He lost control of his vehicle, hit a school sign post, and veered into a bus stop where he struck seven pedestrians, including the plaintiffs, causing serious injuries and the death of a teenage girl.
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